September 17, 2010

We have been ruminating on the case of Ed Bagley, alleged sex trafficker, in Missouri, for several days now.

The charges leveled against him are severe: sex trafficking by force, fraud or coercion; forced labor trafficking; document servitude; enticement to travel for sexual activity — among others.

According to the story, a 16 year old runaway, known in the indictment as FV (for “female victim”), took residence with Bagley in his trailer park home where he engaged in several sexual acts with her, as well as whipped, beat, flogged, suffocated, waterboarded, electrocuted, mutilated, suspended and caged her over a period of six years.

Upon her 18th birthday, he made her sign a slave contract and began to advertise their sessions via stream on the internet. He also influenced her to dance at a local strip club and pose for Hustler’s Taboo magazine, which caters to people with a preference for BDSM (bondage discipline and sadomasochism).

Clearly, this is illegal because for a period of two years during this time, FV was below the age of consent, which means that legally, she could not consent to any of these activities even if she were perfectly aware of what they would entail. There is also a question of whether she could consent once she reached 18, as when she was admitted to the hospital for cardiac arrest when electrical play went awry, doctors questioned her mental capabilities.

The photographer who shot her for Taboohas come forward saying he did not find her mentally incapable when he shot her in July, 2007, but the question remains and will undoubtedly be addressed during the trial.

Jezebel, Gawker media’s blog about feminist issues, wrote about the topic, glibly asking: “What’s the line between a consensual BSDM relationship — one party as master, another as slave — and a ‘brutally tortured sex slave’? Probably when the FBI says that the woman is mentally disabled and tried to escape.”

This position, while supportive of the choices made by those in the BDSM lifestyle, is extremely dangerous to take because it ignores consent laws, human psychology and the very foundation of the BDSM lifestyle, which sees consent as a very clear and necessary thing, not a gray area.

Because of the power dynamic inherent in BDSM relationships, it is essential to understand consent to avoid exploitative situations. However distasteful one may find the activities outlined by court documents relating to what Bagley did, these are things that some practitioners of the lifestyle do willingly engage in. Many BDSM communities across the country offer classes on the methodology involved with every activity and take measures to ensure people in the lifestyle have access to resources to safely engage in these activities.

Because of the dangers involved, practitioners of the lifestyle are careful to verify people’s ages and discuss activities before sessions (or scenes), what is acceptable and what isn’t, as well as what words to use to make it stop (which are called “safewords”). Some practitioners like to engage in edgeplay, which is a session with no safewords. Indeed, some practitioners negotiate scenes of consensual non-consent, where one may cry out safewords and try to escape only to be abused further.

These things vary greatly from one individual to another, which is why communication and consent are essential to any such activity.

Now, let’s disregard for a moment the fact that FV was only 16 when this all began and the fact that she may not have been mentally competent. Let’s say she is 25 and fully in her faculties. Let’s say, even, that every activity to which she will be subjected has been explained to her and she has agreed to it. Let’s even say that she has been given safewords with which to stop a scene, should she have had enough.

Is it possible to really be free, even with all of these things in place, if she depends on Bagley for shelter and resources?

We have given this a lot of thought and we’re concerned with the extreme socioeconomic disparity that existed between the victim and Bagley. Because so much of BDSM depends on consent, we have to question how much of FV’s willingness was rooted in her reliance in Bagley for shelter and resources. Given her dire situation, the potential for exploitation is extremely high.

If it’s true that he confiscated her ID, the case is sealed. But we’re not going to sentence Bagley without a trial. It is our hope that a jury of his peers will assess the evidence and give him a just decision.

God help him if any practitioner of BDSM is in that jury and assess the inherent inability of someone in so much need to truly consent to much of anything. That’s the bottom line. Consent isn’t something ephemeral the FBI gets to decide exists or doesn’t. It’s something very, very clear and very real to anyone who engages in the lifestyle.

I will grasp the line that she was exploited and tug it fiercely. He did not get her at 25, even if she was( rather, would have been) dependent on him for shelter, food and other things.

She was 16. By the time he reached the age of consent, she was already controlled mind and body to do his will and more likely than not, emotionally hooked on pleasing him, via continuing to participate in the things he ordered her to do.

Consent means be truly aware, knowing consequences and of course, being able to leave.

I think that the jury and the authorities will reason that someone abused so young, never could give consent, once she reached the age of majority, due to her circumstances.

As for the SS&C adults, best practices had better be followed scrupulously, because one day, we might see some grown-ups on trial.

Anaiis

“Consent means be truly aware, knowing consequences and of course, being able to leave.” I absolutely agree with this, Liras.

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That Steam allows the objectification and sexualization of female characters in a variety of its games but refuses to accept a game about actually engaging with women in a more interactive fashion is astonishingly backward.

That the site doesn’t take measures to protect user content and has shown incompetence or negligence in regard to user privacy, all the while prohibiting victims from warning others about predatory behavior creates an environment where it is nearly impossible for members of the community to take care of themselves and one another. By enabling FetLife to continue espousing a code of silence, allowing the spinning self-created security issues as “attacks,” and not pointing out how disingenuous FetLife statements about safety are, we are allowing our community to become a breeding ground for exploitation.

Should people who benefit (parents, siblings, children, roommates!) from the earnings of “commercial sex acts” (any sexual conduct connected to the giving or receiving of something of value) be charged with human trafficking? Should someone who creates obscene material that is deemed “deviant” be charged as with human trafficking? Should someone who profits from obscene materials be charged with human trafficking? Should people transporting obscene materials be charged with human trafficking? Should a person who engages in sex with someone claiming to be above the age of consent or furnishing a fake ID to this effect be charged with human trafficking? What if I told you the sentences for that kind of conviction were eight, 14 or 20 years in prison, a fine not to exceed $500,000, and life as a registered sex offender?

If you are a woman, you might be given a chance to prove yourself in this community. Since there is no standard definition of what a “geek” is and it will vary from one judge to the next anyway, chances of failing are high (cake and grief counseling will be available after the conclusion of the test!). If you somehow manage to succeed, you’ll be tested again and again by anyone who encounters you until you manage to establish yourself like, say, Felicia Day. But even then, you’ll be questioned. As a woman, your whole existence within the geek community will be nothing but a series of tests — if you’re lucky. If you aren’t lucky, you’ll be harassed and threatened and those within the culture will tacitly agree that you deserve it.

Zak’s original field, it turns out, is economics, a far cry from the hearts and teddy bears we imagine when we consider his nickname. But after performing experiments on generosity, Zak stumbled on the importance of trust in interactions, which led him, rather inevitably, to research about oxytocin. Oxytocin, you might remember, is a hormone that has been linked previously to bonding — between mothers and children primarily, but also between partners. What Zak has done is take the research a step further, arguing in his recent book, The Moral Molecule, that oxytocin plays a role in determining whether we are good or evil.

Let’s talk about the strippers. Whether they like to be half-naked or not, whether they enjoy turning you on or not, there’s one thing they all have in common: they’re working. Whether you think that taking one’s clothes off for money is a great choice of career is really beside the point (is it a possibility for you to make $500 per hour at your job without a law degree? Just asking). These women are providing fantasy, yes, but that is their job. And as a patron of the establishment where they work, you need to treat them like you would anyone else who provides a service to you.

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Sex and the 405 is what your newspaper would look like if it had a sex section.

Here you’ll find news about the latest research being conducted to figure out what drives desire, passion, and other sex habits; reviews of sex toys, porn and other sexy things; coverage of the latest sex-related news that have our mainstream media's panties up in a bunch; human interest pieces about sex and desire; interviews with people who love sex, or hate sex, or work in sex, or work to enable you to have better sex; opinion pieces that relate to sex and society; and the sex-related side of celebrity gossip. More...